Western Assurance Co. v. Phelps
Mississippi Supreme Court
Feom the circuit court of Warren county. IIon. WilliaM Iv. McLaurtn, Judge. Mary B. Phelps, the appellee, was the plaintiff in the court below: the Western Assurance Co., the appellant, was defendant there.
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Feom the circuit court of Warren county. IIon. WilliaM Iv. McLaurtn, Judge. Mary B. Phelps, the appellee, was the plaintiff in the court below: the Western Assurance Co., the appellant, was defendant there. The suit was upon a policy of fire insurance, issued September S, 1896, which contained, among others, the following clauses: “Three-fourth clause. — It is -understood and agreed that, for and in consideration of the rate of premium fixed in this policy, the assured become a co-insurer with, the company to the amount of one-fourth of any loss or damage which may occur to the property…
1Opinion of the CourtWhitfield, C. J.
The contentions that the appellant, if the only insurer, would be liable for only three-quarters of the loss, Under the three-quarter clause in the policy ; and in case of valid concurrent insurance consented to, for the same amount appellant insured for, then, for only one-half of three-quarters of the loss, cannot be upheld, since this policy was issued after the adoption of our “valued policy statute” (Laws of 1896, chapter 56), which statute is therefore integrated into, and made part of, the policy, and hence necessaifily writes out of the policy all stipulations therein in conflict with…
2Cases cited11 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Queen Insurance v. Jefferson Ice Co.Texas Supreme Court · 1885
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Dugger v. Insurance Co.Tennessee Supreme Court · 1895
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3Cited by11 opinions
- Scottish Union & National Insurance v. Warren Gee Lumber Co.Mississippi Supreme Court · 1918
- Hart v. North British Mercantile Ins. Co.Supreme Court of Louisiana · 1935
- German Insurance v. ShaderNebraska Supreme Court · 1903
- United States Fidelity & Guaranty Co. v. ParsonsMississippi Supreme Court · 1927
- Aetna Insurance v. SmithMississippi Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.